Cases: Section 998

Section 998:  998 Offer With Language “Exclusive Of Reasonable Costs And Attorney Fees, If Any” Not Found Ambiguous And Was Enforceable According To 2/1 DCA

Cases: Section 998

Result Was Preoffer Fees/Costs To Plaintiff And Postoffer Fees/Costs To The Defense.             In a right of publicity case brought by plaintiff professional model under Civil Code section 3344(a) (which has a companion fee-shifting statutory provision) against defendant restaurant/bar, plaintiff was awarded $4,483.30 “exclusive of any costs or attorney’s fees that may be set by […]

Reasonableness Of Fees/Section 998:  Trial Judge Properly Awarded Defense $177,221.57 In Attorney’s Fees And Costs After Plaintiffs Failed To Support Amount Of Requests After Accepting 998 Offers

Cases: Reasonableness of Fees, Cases: Section 998

Excessive Hourly Rates, Vague Billing Entries, Excessive Billing Entries, Work Duplication, And No Justification For Positive Multiplier Rationales By Trial Judge Constituted No Abuse Of Discretion.             FEHA plaintiffs accepted CCP § 998 offers from two defendants by which money was paid to them and which allowed for recovery of claimed preoffer fees and costs

Section 998:  2/3 DCA Affirms CCP § 998 Costs Award Based On Joint, Unallocated Offer To Multiple Defendants Based Upon “Unique Circumstances” Of The Case

Cases: Section 998

Appellate Court Wanted To Encourage Global Settlement Offers From Plaintiffs To End Litigation Against Multiple Defendants.             In Gonzalez v. Lew, Case No. B271312 (2d Dist., Div. 3 Feb. 1, 2018) (published), both sets of plaintiffs’ heirs sued the owner of a rented home when a fire engulfed the rented home in which two people

Civil Rights, Employment, Section 998:  Fee And Costs Award To Successful Defendants Had To Be Reversed And Remanded Based On Failure To Make Findings On Frivolousness For Purposes Of Labor Code Section 218.5 Claim

Cases: Civil Rights, Cases: Employment, Cases: Section 998

However, 4/2 DCA Denied Expert Witness Fees To Unsuccessful FEHA Plaintiff Rejecting CCP § 998 Offer, Parting Company With Contrary Results By 1/5 And 4/1 DCAs.             We have to say that 2018 has started out with a bang, producing a decision by the Fourth District, Division 2 acknowledging it is parting company from the

Ethics/Section 998:  Litigant’s Counsel Alleged Fraudulent Activities In Relation To CCP § 998 Offer Did Not Justify Disqualification

Cases: Ethics, Cases: Section 998

Court Of Appeal Reversed, But On A 2-1 Vote.             In one of our likely last posts for 2017, we enter into the area of ethics as far as disqualification of an attorney in an action relating to a CCP § 998 offer.             Miralda v. Heng Sheng, Inc., Case No B282158 (2d Dist., Div.

Employment/Section 998:  Individual Plaintiff’s Acceptance of 998 Offer And Dismissal Of Individual Claims With Prejudice Meant He Could Not Continue To Prosecute PAGA Claim

Cases: Employment, Cases: Section 998

Plaintiff Was Not An “Aggrieved Employee” For PAGA Standing Purposes.             In Kim v. Reins International California Inc,., Case No. B278642 (2d Dist., Div. 4 Dec. 29, 2017) (published), plaintiff alleging both individual and class action wage/hour violations (including a PAGA claim) accepted a CCP § 998 offer and dismissed his individual claims with prejudice.  The

Section 998:  Plaintiff’s Unaccepted 998 Offer Resulted In $339,467 In Costs Against Defense

Cases: Section 998

Defendants’ Alleged Indigent Status And Insurer Excess Liability Factors Were Inconsequential, And Technical Argument On 998 Acceptance Line Formatting Rejected.             Although unpublished, Hackett v. Silva Trucking, Inc., Case No. C076745 (3d Dist. Nov. 22, 2017) (unpublished) is an interesting analysis of factors which were not properly considered when the defense rejected 998 offers in

Section 998:  Minor Losing Case Against School District Not Exposed To 998 Fee-Shifting Because District Asked For Broad Release Without Limits

Cases: Section 998

$118,271.74 CCP § 998 Exposure Avoided By Losing Minor.             K.F. v. Los Angeles Unified School Dist., Case Nos. B276410/B277982 (2d Dist., Div. 2 Nov. 9, 2017) (unpublished) reiterates lessons for crafting a successful CCP § 998 offer, especially how one must be careful in asking for narrow releases and waiver of claims to insure

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